By accessing the online site or making any use of the online facilities, you agree to be bound by these terms and conditions. If you do not wish to be bound in this way, please do not access or use the online site or the online facilities – you are not authorised to access or make use of the online site or the online facilities other than on these terms and conditions.
DIRECT MARKETING OPT-OUT RIGHT: Regardless of our source of your personal data and of the basis on which we collect or hold it, it is our policy to observe any rights under any privacy law which applies to you to opt out of our direct marketing to you. Our direct marketing materials will generally tell you how to do this, but if you are not sure, a member of our privacy team will help you. Contact details for our privacy team are our address below or [email protected]
In these terms and conditions, ‘we’ and ‘AirFitness’ are, individually and collectively, AirFitness Pty Ltd ABN 44 622 361 406 of PO BOX 440 Rose Bay, NSW, 2029 Australia and its related bodies corporate (known as ‘AirFitness’).
We do not accept any obligation to you regarding information you provide to us via the online site or when making use of any online facilities. This is regardless of any form in which that information is put. Please do not send us any information in respect of which you seek any obligation from us, including confidentiality obligations. If you make any information available to us in whatever form, you give us a non-exclusive, royalty free worldwide licence, unlimited as to time, to make such uses and disclosures of it and to permit others to do the same, in any way we or they decide.
You acknowledge and agree that the goods and services which may be promoted via the online site are those of third parties, including health and fitness trainers and we are merely facilitating the advertising of those goods and services and transactions between third parties which may ensue.
You agree that we have no responsibility in respect of any guarantee, conditions or warranties regarding such goods and services and that any complaint you may have in respect of them should be directed to the relevant third party. If you decide to acquire any such goods or services, you agree to examine them and satisfy yourself regarding them and not rely on anything claimed to be our representation regarding those goods and services. As between you and ourselves, you agree to rely only on your own decision making regarding any acquisition of such goods or services.
The information on the online site or provided as part of any online facilities may not be accurate, adequate, complete or up to date and you should not rely on anything to the contrary.
You agree that by promoting the goods and services of third parties (including health and fitness trainers) we are not making any recommendation or endorsement of any of their products and services. This is so regardless of whether the online site or the online facilities make provision for links to or from the online sites or facilities of third parties.
By making any use (including access) of the online site or the online facilities, you represent and warrant that:
you will not be in violation of any applicable law or of these terms and conditions.
you will take precautions to prevent your use creating any exposure to any computer system connected with such use, including in relation to viruses.
your use will be for your own individual personal use. You agree that you are not licensed to, and will not, exercise any intellectual property in any works rather subject matter comprising, depicted on or associated with the online site or the online facilities, including images and trade marks. You agree that you will not use any trade mark depicted in or on the online site as trade marks, in the absence of a separate written trade mark license with the trade mark owner.
we may terminate your use of the online site or the online facilities immediately and without notice to you and if you believe that an aspect of the online site or the online facilities constitutes an infringement of your or a third party’s rights, please contact us. We do not condone or authorise the online site or any online facilities being implicated in any infringement of anyone’s rights. Laws such as the Copyright Act 1968 in Australia provide recourse to copyright owners who believe that certain online material infringes their rights. In that event you agree to provide us with any information reasonably required by us, including where applicable any information required by those laws.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of them void, illegal or unenforceable. Subject to that:
We do not accept responsibility (and you agree we are not responsible) for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the online site or the online facilities or any linked site or facilities, nor do we accept any responsibility (and you agree we are not responsible) for any such loss arising out of your use of or reliance on information contained on or accessed via the online site or the online facilities, any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded and we do not accept liability to you (and you agree we are not liable) in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services promoted via the online site or the online facilities.
These terms and conditions are governed by the laws in force in the State of New South Wales, Australia.
Our contact details for these terms and conditions are:
PO BOX 440,
ROSE BAY, NSW, 2029
These terms and conditions are current at the date below. We may change them periodically. If we propose to change these terms and conditions, we will display at least 2 weeks’ prior notice of the change on www.airfitness.fit.